Can an employer legally withhold money from your paycheck, if s/he thinks you owe the company?

Question

(Maryland laws only)

My boss initially low-balled me on pay rate, because he knew I needed a job - my wife and I were pregnant. He knew I wouldn't say No to the opportunity. There were initial promises of going hourly to salary, competetive salary rate after 90 days, paid holidays, and accumulation of vacation days - none of which came to fuition. Eventually, he offered to pay for licensing costs & schooling.

After a year, I took another job, with a better company, with family benefits beginning on my first day and a slightly better salary.

Now, my boss wants to deduct the school's cost from my final paycheck, because I'm not "fulfilling my responsibility to the company".

Should I confront him or just not come in my last few days? The amount of days I'd be paid for working at the end approximately equals the amount I "owe" the company.

Is withholding that money legal or should I even have to repay it, if there is no business/employment agreement?

Answer 1

He can not legally unilaterally deduct cost he thinks he owes you from your paycheck. That being said, it may cost you more to fight it than it is worth. If he does deduct, ask an attorney for a free consultation regarding the matter.

Perhaps you could go to small claims court.

A real fun thing to do would go to the local press. they are always looking for the "little guy being exploited by the mean business dude" story. If that kind of pub would not reflect poorly on you, it might make him look like a real jerk.

What ever you decide to do, sleep on it. Never react when you are angry or emotional, you do things you later regret.

Good luck.

Answer 2

The employer may NOT withhold wages due to you for any reason. Even if you DO owe this firm for what he claims, he cannot withhold it from your pay without your permission and agreement.